If your favorite Dunkin’ Donuts shop is an…
lawsuits
Arizona Judge Rejects RIAA's "Shared Directory = Piracy" Argument
By 5.1.08
Although it won’t affect other cases, the RIAA was handed a small smackdown this week when a U.S. district judge rejected their request for a summary judgement, and ruled that putting song files in a shared directory was not enough proof that infringement had occurred.
Class Action Against Credit Card Companies Conspiring To Make Us All Accept Mandatory Arbitration Revived
By 4.28.08
Ross vs Bank of America is a class action suit…
First BPA Class Action Lawsuit Announced!
By 4.24.08
It begins! A woman in California, no doubt under the expert legal advice of people who only have her best interests at heart, has filed a lawsuit against Nalgene alleging that they “knew, but downplayed risks, that a toxic substance in its popular…
Peeping Tom Sears Manager Sued For $2.7 Million
By 4.24.08
It seems the floors aren’t the only thing that’s dirty inside Sears. According to Style Weekly, former Sears assistant manager, Robert E. Lee of Virginia, is being sued for $2.7 million for allegedly spying on a young girl and her mother through the ceiling tiles of a dressing room, while hiding inside of a “peeping hutch.” The alleged crime occurred in March, 2006 when Lee was discovered spying from the masturbation station, strategically located above the ladies’ dressing room. The young girl, whose age is described as “prepubescent,” is said to have been traumatized when she suddenly noticed Lee leering from the ceiling while she and her mother were trying on bathing suits. Lee admitted his culpability. The lawsuit states, “During the search of the room, police officials recovered sexually explicit magazines and seminal fluids.” Oh Sears. Before we were only ashamed of you, but now that shame has grown into disgust, with loathing not too far off in the distance.
By 4.23.08
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A California court has upheld the scrawny Netflix “throttling” settlement from 2006. That was when Netflix settled a class-action lawsuit that alleged they intentionally slowed down the rental rates of high-renting customers. The settlement only really benefited lawyers and Netflix, but it stands.
LendingTree Data Breach: Former Employees Were Sharing Passwords With Unapproved Lenders
By 4.22.08
LendingTree announced today that several former employees are suspected of sharing passwords with lenders that were not approved by LendingTree, and that this may have exposed customer data including: name, address, e-mail address, phone number, Social Security number, income and employment information.
Jury Says 'Up Yours' To Rectal Exam Lawsuit
By 4.22.08
Remember Brian Persaud, the Brooklyn construction worker who tried to sue a New York hospital for performing a by-the-books rectal exam on him in 2003? On Monday, a Manhattan jury tossed his lawsuit, claiming he failed to show he suffered assault and battery.
U-Haul Must Pay $84 Million To Man For Injuries
By 4.22.08
A Dallas court found U-Haul guilty of negligence for failing to maintain its vehicles properly, and awarded 74-year-old Talmadge Waldrip $84 million in damages, $63 million of which are punitive. “The truck’s parking brake did not work at all,” said the man’s lawyer. “He stepped out of the truck and it rolled right over him.”
You Can Still Join A Fen-Phen Class Action Lawsuit
By 4.22.08
This lady started taking Fen-Phen and lost 30 lbs, but now she’s got high blood pressure, sleep apnea, and swollen legs, possibly indicative of primary pulmonary hypertension (PPH), the negative side effect American Home Products (now known as Wyeth) were successfully sued for upwards of $14 billion. When she called Wyeth, they told her that she had “waited too long” to file a lawsuit. However, the 2006 Fen-Phen settlement actually has a clause that says there’s no statute of limitations on filing a claim. Therefore, you can still join a class action lawsuit against them. Also goes to show you that calling up the customer service department probably isn’t the best route to take if you’re looking for objective information about suing that company…
By 4.22.08
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The Ninth Circuit Court of Appeals declined to hear Microsoft’s appeal in the ‘Vista Capable’ class action suit, and it’s moving forward to U.S. District Court. [Seattle Times] (Thanks to T.J.!)
Southwest Passengers Sue Over Missed Inspections
By 4.16.08
The AP is reporting that four Southwest passengers have filed a federal lawsuit alleging that Southwest broke its contract with passengers by skipping important safety inspections… over a period of six years.
Company Sued For Waterboarding Salesman
By 4.15.08
“We’re not the mean waterboarding company that people think we are,” says the general counsel for Prosper Inc., a company that sells “coaching packages” over the telephone. They’re being sued by a former employee who says he was held down as his boss emptied a gallon jug of water into his mouth and nose as part of a team-building exercise. Our tipster Rachael writes that it’s like “an episode of The Office gone horribly wrong.”
By 4.12.08
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Sorry, light cigarette smokers! The Second Circuit denied you class-action status in your suit against the tobacco companies. A district court judge had held that “virtually all Americans who had purchased cigarettes labeled as ‘light'” could be part of the class. The appellate court laughed at this broad certification, saying it would not “reduce the range of issues in dispute and promote judicial economy.” [Consumer Law & Policy Blog]
Verizon Sues Time Warner Cable Over "Egregiously False" Advertising
By 4.10.08
Verizon has had enough of Time Warner Cable making fun of their fiber intake and has sued the cable company, claiming that their advertising is “egregiously false” and is causing “immediate and irreparable harm” to Verizon.
Universal Music Group: Throwing Away Promotional CDs Is An "Unauthorized Distribution"
By 4.10.08
All promotional CDs are forever the property of Universal Music Group and giving or throwing them away are “unauthorized distributions,” according to a brief filed by UMG. In a lawsuit filed in federal court, UMG claims that ownership rights to promotional CDs, typically sent to DJs, reviewers, and others in the music business to generate hype for new releases, are expressly retained by the label. The Electronic Frontier Foundation is taking up the fight against this absurd position in UMG v. Augusto.
